Parent of Transgender Teen Alleges Queensland Government of Privacy Breach That Could Have Revealed Her Child
The state government released confidential information about the parent of a trans teenager – data she says potentially “outed” her teen – to a stranger.
Accusations of “Intimidation” and “Privacy Violation”
The disclosure came as the state government was charged of “intimidation” and “an invasion of privacy” after requesting private medical information from parents of trans youth who are considering a further court case to its disputed prohibition on puberty blockers.
Latest Government Directive on Puberty Blockers
Recently, the Queensland health official, Tim Nicholls, enacted a new order prohibiting the prescription of puberty blockers for trans individuals, shortly after the high court determined the government’s first attempt was unlawful.
Guardian Australia has interviewed four mothers who have approached Nicholls for a legal document called a statement of reasons – a formal explanation of why the authorities made a decision to prohibit hormone treatments in the region. By law, the paper must be provided under the legal statute.
Requested Medical Details
Each were asked by the Queensland health department for details of their teen’s health background, including the minor’s identity, their birthdate and any other evidence which confirms your teen having a medical confirmation of gender identity disorder”.
The details were requested before the statement of reasons would be provided.
The message, which has been reviewed by the media, also asked them to verify if your teen is a client of the Queensland Children’s Gender Clinic so that we can confirm the data provided with Children’s Health Queensland,” states the communication, which was dispatched recently.
Mothers Describe Request as Breach of Confidentiality
Each parent described the request as an invasion of privacy.
A mother said she was hesitant to divulge the information because the authorities had mistakenly sent her information to a another individual.
“It feels like having to reveal your teen to obtain a response; like, it’s frightening,” she said.
Case of Louise*
The parent, who cannot be legally identified because it would also identify or expose her child, was among those who asked for a explanation both times.
Earlier, the department sent a response meant for her to another parent, disclosing her identity and address – and the detail that she had a trans teen – to a third party. She said a department official later said sorry over the phone; the Guardian has seen an email from the agency admitting the mistake.
She said she felt “sick and unsafe” as a consequence of the blunder.
“My daughter is incredibly private. She is immensely fearful of being outed in any social setting. She dislikes people to know that she’s trans,” the mother said.
“I respect that to my very being as much as possible. The sole occasion I ever, ever disclose is out of need for gaining access to services and only to people I deem incredibly safe and I trust completely.”
Louise was especially worried about the suggestion it would be “verified” by the hospital.
She said the demand was “intimidating” and “seems coercive”.
Other Mother Expresses Worries
Another mother said she was unwilling disclosing the medical history of her young non-binary child.
“It’s not my data, it’s a child’s details,” she said.
“To think that that information could accidentally be disclosed one day, in any way, you know, even if that was unintentional, could be extremely upsetting to him.”
She responded saying the agency had asked for an “excessive level of detail”.
“I would not share that information to any other organisation that asked for it, especially in the climate of the current political climate,” she said.
“It’s such highly confidential stuff. You wouldn’t disclose, for instance, your medical condition to the minister’s office, you know. You’d be very reluctant and very cautious to submit such details to a group of officials, basically.”
Legal Service Weighing Second Lawsuit
The LGBTI Legal Service, which represented the parent in her case, was evaluating a second lawsuit, it said last week.
Its president, Ren Shike, said the ruling had impacted about 500 Queensland children and their relatives and it was “important to promptly enable the supply of reasons so that children and their guardians can understand the reasoning behind this decision, which has had such a severe effect on their medical care”.
Authorities Position on Ban
The government has consistently said the ban would stay enforced until a review into trans healthcare had been finished.